The Independent Commission for Human Rights - ICHR
99
By contrast, the ICHR received 23 complaints on access to civil service in 2020, including 21 in
the West Bank and two in the Gaza Strip. The growing number of complaints filed to the ICHR in
2021 reflects increasing public confidence in more effective government actions for oversight of
the status of civil service and greater demand for government employment, including emergency
and temporary jobs connected to the ongoing COVID-19 pandemic, particularly in the health sector
across the West Bank. In the Gaza Strip, the increasing number of complaints filed to the ICHR by
persons with disabilities is triggered by discrimination against their right to hold public office. This
is indicative of poor standards and policies approved by the Gaza-based General Personnel Council
(GPC) for the recruitment of persons with disabilities. On the other hand, the ICHR continued to
receive a few complaints on access to civil service in the Gaza Strip. This is mainly attributed to the
freeze on recruitment of new civil servants in Gaza. Due to the ongoing internal Palestinian political
divide, a limited number of positions in the civil service is offered. Special or temporary contracts
are also extended in some civil service position in Gaza.92
2.1.7.2.3 Restrictions on the principle of fair competition (appointments to the foreign
service)
Multiple variables and amendments have been introduced to the Palestinian Civil Service Law, particularly in relation to mechanisms and procedures for access to civil service. However, government
posts of senior categories have been continued to be excluded from the terms and conditions of
competition and advertisement. Many considerations are given weight in the holding these offices.
These senior categories are not subject to the conditions and procedures for promotion and evaluation, which apply to other civil servants at all grades of government employment.93
Appointments and promotions to the government posts of senior categories and diplomatic corps
were maintained without adherence to the principles of equitable opportunities or fair and transparent competition. No normative or legal regulation was in place to set criteria for appointments and
promotions to senior and diplomatic posts. According to the ICHR monitoring, eight new ambassadors were appointed in disregard of legal standards and without publication in the Official Gazette.
Also, the terms of office of 50 heads of diplomatic mission/ambassadors in the same countries has
exceeded five years, constituting a contravention of the Diplomatic Corps Law. The latter sets the
maximum limit of a diplomatic post in a single State to four years, which are renewable for another
year. Also in violation of Article 18 of the Diplomatic Corps Law, there are 14 heads of diplomatic
mission/ambassadors, who have spent a period of 10 consecutive years abroad.94
2.1.7.2.4 Suspending promotions and evaluations in civil service
In 2021, the ICHR received 108 complaints (66 in the West Bank and 42 in the Gaza Strip) on administrative disputes, involving promotions, pensions, financial benefits, and arbitrary transference.
The majority of complaints received by the ICHR were filed against the MoF, mainly addressing
civil servants’ financial benefits and pensions. Evidently, the MoF has not favourably responded to
the demands and financial benefits of civil servants due to the lack of a clearly defined mechanism,
by which they can communicate with the Ministry. The MoF is exclusively vested with powers that
affect civil servants’ financial benefits.
92
See ICHR 26th Annual Report, Right to hold public office.
94
See Coalition for Accountability and Integrity (AMAN). Working Paper on the Integrity of Access to Power as a Cornerstone for Impartial
Government: Holding Senior Offices in Palestine. 1 September 2021.
93
Amendments to the Civil Service Law did not make reference to procedures for the promotion and evaluation of high-ranking civil service posts.
Twenty Seventh Annual Report 2021